do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case COMP/M.6953 — Bain Capital Investors/Golden Gate Capital/BMC Software) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2013-05-31
Institutions: European Commission
Subjects: economic concentration, information technology, investment company, merger control, software








C_2013153EN.01000501.xml










31.5.2013   


EN


Official Journal of the European Union


C 153/5





Prior notification of a concentration
(Case COMP/M.6953 — Bain Capital Investors/Golden Gate Capital/BMC Software)
Candidate case for simplified procedure
(Text with EEA relevance)
2013/C 153/05






1.


On 24 May 2013, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Bain Capital Investors, LLC (‘Bain Capital Investors’, USA) and Golden Gate Capital Opportunity Funds, LP (‘Golden Gate Capital’, USA), acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control over BMC Software, Inc. (‘BMC’, USA) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


Bain Capital Investors is a private equity investment firm,










—


Golden Gate Capital is a private equity investment firm,










—


BMC is active in the provision of IT management and server management software and related services.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.










4.


The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6953 — Bain Capital Investors/Golden Gate Capital/BMC Software, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




J-70




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1 (the ‘EC Merger Regulation’).

(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).
Case T-299/13: Action brought on 31 May 2013 — El Corte Inglés v OHIM — Azzedine Alaïa (ALIA)
Date: 2013-05-31
Institutions: General Court
Subjects: EU trade mark, clothing industry, registered trade mark, trade-mark law








C_2013215EN.01001701.xml










27.7.2013   


EN


Official Journal of the European Union


C 215/17





Action brought on 31 May 2013 — El Corte Inglés v OHIM — Azzedine Alaïa (ALIA)
(Case T-299/13)
2013/C 215/24
Language in which the application was lodged: Spanish

Parties


Applicant: El Corte Inglés, SA (Madrid, Spain) (represented by: E. Seijo Veiguela and J. L. Rivas Zurdo, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Azzedine Alaïa (Paris, France)

Form of order sought

The applicant claims that the General Court should:






—


annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 15 March 2013 in Case R 819/2012-2;










—


order both OHIM and Azzedine Alaïa to pay the costs of the present proceedings.





Pleas in law and main arguments


Applicant for a Community trade mark: Applicant

Community trade mark concerned: Word mark ‘ALIA’ for goods in Classes 3, 14, 18 and 25 — Community trade mark application No 3 788 999

Proprietor of the mark or sign cited in the opposition proceedings: Azzedine Alaïa

Mark or sign cited in opposition: International word mark ‘ALAÏA’ and Community figurative mark ‘ALAÏA PARIS’ for goods and services in Classes 3, 16, 18, 20, 25 and 35 as well as earlier non-registered trade mark ‘ALAÏA’

Decision of the Opposition Division: Opposition upheld in part

Decision of the Board of Appeal: Appeal dismissed

Pleas in law:







—


Breach of Rules 20(6) and 50(1) of Regulation No 2868/95










—


Infringement of Article 8(1)(b) of Regulation No 207/2009
Euro exchange rates
Date: 2013-05-31
Institutions: European Commission
Subjects: euro, exchange rate








C_2013153EN.01000201.xml










31.5.2013   


EN


Official Journal of the European Union


C 153/2





Euro exchange rates (1)

30 May 2013
2013/C 153/02

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,2944




JPY


Japanese yen


131,70




DKK


Danish krone


7,4546




GBP


Pound sterling


0,85570




SEK


Swedish krona


8,5720




CHF


Swiss franc


1,2487




ISK


Iceland króna


 




NOK


Norwegian krone


7,6190




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,795




HUF


Hungarian forint


293,33




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7014




PLN


Polish zloty


4,2667




RON


Romanian leu


4,3438




TRY


Turkish lira


2,4274




AUD


Australian dollar


1,3493




CAD


Canadian dollar


1,3433




HKD


Hong Kong dollar


10,0500




NZD


New Zealand dollar


1,6149




SGD


Singapore dollar


1,6396




KRW


South Korean won


1 462,64




ZAR


South African rand


12,9347




CNY


Chinese yuan renminbi


7,9428




HRK


Croatian kuna


7,5605




IDR


Indonesian rupiah


12 700,66




MYR


Malaysian ringgit


3,9855




PHP


Philippine peso


54,811




RUB


Russian rouble


41,1161




THB


Thai baht


39,130




BRL


Brazilian real


2,6870




MXN


Mexican peso


16,5044




INR


Indian rupee


73,0490






(1)  Source: reference exchange rate published by the ECB.
Corrigendum to Commission Implementing Regulation (EU) No 469/2013 of 22 May 2013 concerning the authorisation of DL-methionine, DL-methionine sodium salt, hydroxy analogue of methionine, calcium salt of hydroxy analogue of methionine, isopropyl ester of hydroxy analogue of methionine, DL-methionine protected with copolymer vinylpyridine/styrene and DL-methionine protected with ethylcellulose as feed additives ( OJ L 136, 23.5.2013 )
Date: 2013-05-31
Institutions: European Commission
Subjects: animal feedingstuffs, food safety, food supplement, market approval








L_2013145EN.01003701.xml










31.5.2013   


EN


Official Journal of the European Union


L 145/37







Corrigendum to Commission Implementing Regulation (EU) No 469/2013 of 22 May 2013 concerning the authorisation of DL-methionine, DL-methionine sodium salt, hydroxy analogue of methionine, calcium salt of hydroxy analogue of methionine, isopropyl ester of hydroxy analogue of methionine, DL-methionine protected with copolymer vinylpyridine/styrene and DL-methionine protected with ethylcellulose as feed additives
(
Official Journal of the European Union L 136 of 23 May 2013
)

On page 7, Annex, first column ‘Identification number of the additive’, the entry ‘3c3108’ should read ‘3c308’.
Prior notification of a concentration (Case COMP/M.6917 — FSI/Merit/Yildirim/CMA CGM)  Text with EEA relevance
Date: 2013-05-31
Institutions: European Commission
Subjects: France, audit, economic concentration, investment company, maritime transport, merger control, metallurgical industry, mining industry








C_2013153EN.01000601.xml










31.5.2013   


EN


Official Journal of the European Union


C 153/6





Prior notification of a concentration
(Case COMP/M.6917 — FSI/Merit/Yildirim/CMA CGM)
(Text with EEA relevance)
2013/C 153/06






1.


On 24 May 2013, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Fonds Stratégique d'Investissement (‘FSI’, France) acquires within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking CMA CGM (‘CMA CGM’, France) together with Merit Corporation (‘Merit’, Lebanon) and Yildirim Holding (‘Yildirim’, Turkey), by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


FSI, which is controlled by the French public group Caisse des Dépôts et Consignations, is a French investment fund that acquires minority shareholdings in listed and non-listed companies with strong growth potential and with a medium- to long term investment perspective,










—


Yildirim is active in coal and metal, production and sale of fertilizer, mining and ferroalloys, shipping and ship buildings, and port management,










—


Merit is a holding company which does not have activity of its own in Europe besides providing auditing services for CMA CGM,










—


CMA CGM is active in the sector of maritime shipping services, in particular containerized liner shipping and stevedoring services.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope the EC Merger Regulation. However, the final decision on this point is reserved.










4.


The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6917 — FSI/Merit/Yildirim/CMA CGM, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1 (the ‘EC Merger Regulation’).
Non-opposition to a notified concentration (Case COMP/M.6818 — Deutsche Bahn/Veolia Transport Central Europe)  Text with EEA relevance
Date: 2013-05-31
Institutions: European Commission
Subjects: Berlin, Germany, carriage of goods, carriage of passengers, economic concentration, merger control, transport company








C_2013153EN.01000101.xml










31.5.2013   


EN


Official Journal of the European Union


C 153/1





Non-opposition to a notified concentration
(Case COMP/M.6818 — Deutsche Bahn/Veolia Transport Central Europe)
(Text with EEA relevance)
2013/C 153/01
On 30 April 2013, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:






—


in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,










—


in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32013M6818. EUR-Lex is the on-line access to the European law.
Prior notification of a concentration (Case COMP/M.6454 — Limagrain/KWS/Genective JV)  Text with EEA relevance
Date: 2013-05-31
Institutions: European Commission
Subjects: France, agricultural cooperative, agro-industry, economic concentration, merger control, research and development, seed








C_2013153EN.01000701.xml










31.5.2013   


EN


Official Journal of the European Union


C 153/7





Prior notification of a concentration
(Case COMP/M.6454 — Limagrain/KWS/Genective JV)
(Text with EEA relevance)
2013/C 153/07






1.


On 23 May 2013, the Commission received a notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (1) by which the undertakings Vilmorin & Cie SA (‘VCO’, France) controlled by the Limagrain Group (‘Limagrain Group’, France) and KWS SAAT AG (‘KWS’, Germany) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking Genective SA (‘Genective’, France) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for Limagrain Group: the Limagrain Group is an international agro-industrial group, specialized in field seeds, vegetable seeds and cereal products. The ultimate mother company is a French cooperative of 3 500 farmers: SCA Limagrain. VCO is the Limagrain Group holding company for its Seed Division which is active in research, breeding, production and sales of seeds mainly to the professional sector,










—


for KWS: KWS's core business is research, breeding, production and sales of seed for agricultural crops of the temperate climatic zones,










—


for Genective: Genective's business encompasses research and development of pre-commercial events containing one or more transgenic traits ready for introgression into commercial germplasm (IP products). The licensing of these IP products is also included in the business.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope the EC Merger Regulation. However, the final decision on this point is reserved.










4.


The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6454 — Limagrain/KWS/Genective JV, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1 (the ‘EC Merger Regulation’).
Notice concerning the anti-dumping measures in force in respect of imports into the Union of melamine originating in the People's Republic of China: modification of the name of a company subject to an individual anti-dumping duty rate
Date: 2013-05-31
Institutions: European Commission
Subjects: China, anti-dumping measure, import (EU), originating product, registration of a company, wood product








C_2013153EN.01000301.xml










31.5.2013   


EN


Official Journal of the European Union


C 153/3





Notice concerning the anti-dumping measures in force in respect of imports into the Union of melamine originating in the People's Republic of China: modification of the name of a company subject to an individual anti-dumping duty rate
2013/C 153/03
Imports of melamine originating in the People's Republic of China are subject to definitive anti-dumping duties, imposed by Council Implementing Regulation (EU) No 457/2011 (1).
Sichuan Jade Elephant Melamine S&T Co., Ltd, a company located in the People's Republic of China, whose exports to the Union of melamine are subject to a minimum import price common to all cooperating Chinese exporting producers imposed by the aforementioned Regulation, has informed the Commission that on 20 December 2011 it has changed its name to Sichuan Golden-Elephant Sincerity Chemical Co., Ltd. The company has argued that the change of name does not affect the right of the company to benefit from the minimum import price applied to the company under its previous name of Sichuan Jade Elephant Melamine S&T Co., Ltd.
The Commission has examined the information supplied and concluded that the change of name in no way affects the findings of Regulation (EU) No 457/2011. Therefore, the reference to Sichuan Jade Elephant Melamine S&T Co., Ltd should be read as Sichuan Golden-Elephant Sincerity Chemical Co., Ltd in Article 1(2) of Council Implementing Regulation (EU) No 457/2011.
The TARIC additional code A986 previously attributed to Sichuan Jade Elephant Melamine S&T Co., Ltd shall apply to Sichuan Golden-Elephant Sincerity Chemical Co., Ltd.


(1)  OJ L 124, 13.5.2011, p. 2.
Prior notification of a concentration (Case COMP/M.6952 — Goldman Sachs/THL/CTI Foods) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2013-05-31
Institutions: European Commission
Subjects: North America, bank, consumer goods, economic concentration, financial services, food processing, investment company, means of communication, merger control








C_2013153EN.01000401.xml










31.5.2013   


EN


Official Journal of the European Union


C 153/4





Prior notification of a concentration
(Case COMP/M.6952 — Goldman Sachs/THL/CTI Foods)
Candidate case for simplified procedure
(Text with EEA relevance)
2013/C 153/04






1.


On 24 May 2013, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Goldman Sachs Group, Inc. (‘Goldman Sachs’, United States of America) and Thomas H. Lee Partners, LP (‘THL’, United States of America) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking CTIF Holdings, Inc. (‘CTIF’, United States of America) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


Goldman Sachs is an investment banking, securities and investment management firm that provides a wide range of financial services to corporations, financial institutions, governments and individuals,










—


THL is a private equity firm investing in global businesses, primarily in North America, across the sectors (i) Consumer and Healthcare, (ii) Media and Information Services and (iii) Business and Financial Services,










—


CTIF is a food processing company specializing in the supply of processed meats, side dishes and soups, sauces and dehydrated beans to the food service sector, primarily in North America.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.










4.


The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6952 — Goldman Sachs/THL/CTI Foods, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1 (the ‘EC Merger Regulation’).

(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).
Case F-54/13: Action brought on 31 May 2013 — ZZ v EESC
Date: 2013-05-31
Institutions: Civil Service Tribunal
Subjects: damages, indemnification, promotion, psychological harassment








C_2013207EN.01006401.xml










20.7.2013   


EN


Official Journal of the European Union


C 207/64





Action brought on 31 May 2013 — ZZ v EESC
(Case F-54/13)
2013/C 207/113
Language of the case: French

Parties


Applicant: ZZ (represented by: T. Bontinck and A. Guillerme, lawyers)

Defendant: European Economic and Social Committee

Subject-matter and description of the proceedings

The annulment of the EESC’s decision rejecting a request, brought by the applicant on the basis of Article 90(1) of the Staff Regulations, in order to obtain compensation for the harm allegedly suffered as a result of dogged persistence, or even harassment, on the part of the administration.

Form of order sought







—


annul the decision of the Secretary General of the EESC of 3 October 2012 in so far as it rejects the applicant’s request of 5 June 2012 seeking to obtain appropriate and reasonable compensation for the non-material harm suffered by him, adverse effect on his reputation and on his health and adverse effect on his career, confirmed, following the applicant’s complaint of 24 October 2012, by the decision of 22 February 2013;










—


grant the applicant compensation for the non-material harm suffered by him and adverse effect on his reputation and his health assessed, subject to being increased or decreased during the proceedings, at EUR 12 000;










—


grant the applicant compensation for the adverse effect on his career as a result of the delay in his promotion on account of the investigations and proceedings then being performed, by reconstitution of his career at grade AST 5, subject to change during the proceedings, and, in the alternative, by appropriate compensation assessed, subject to being increased during the proceedings, at EUR 41 403,09;










—


order the EESC to pay the costs.